DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,610

KODAK POLYCHROME GRAPHICS LLC ("KPG")
RESEARCH AND DEVELOPMENT
CARLSTADT, NEW JERSEY

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
The investigation was initiated in response to a petition
received on January 29, 2001, and filed by the Glass, Molders,
Pottery, Plastics & Allied Workers (GMP), Local 244 on behalf of
workers at Kodak Polychrome Graphics LLC ("KPG") Research and
Development, Carlstadt, New Jersey. The workers were engaged in
activities related to research and development.
The investigation revealed that the petitioners of Kodak
Polychrome Graphics LLC ("KPG") Research and Development,
Carlstadt, New Jersey did not produce an article within the meaning
of Section 222(3) of the Act. The Department of Labor has
consistently determined that the performance of services does not
constitute production of an article, as required by Section 222 of
the Trade Act of 1974, and this determination has been upheld in
the U.S. Court of Appeals.

Workers of the subject facility may be certified only if their
separation was caused importantly by a reduced demand for their
services from a parent firm, a firm otherwise related to the
subject firm by ownership, or a firm related by control.
Additionally, the reduction in demand for services must originate
at a production facility whose workers independently meet the
statutory criteria for certification and the reduction must
directly relate to the product impacted by imports. These
conditions have not been met for workers at the subject firm.
The investigation further revealed that the activities
performed by Kodak Polychrome Graphics LLC ("KPG") Research and
Development, Carlstadt, New Jersey workers were transferred
domestically.
Conclusion
After careful review, I determine that all workers of Kodak
Polychrome Graphics LLC ("KPG") Research and Development,
Carlstadt, New Jersey, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 27th day of February, 2001

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance